Overview

The Civil Aviation Safety Regulations 1998 (CASR) were enacted to ensure the safety of civil aviation in Australia, providing a regulatory framework that aligns with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting under the authority conferred by the Civil Aviation Act 1988, issues airworthiness directives (ADs) to maintain the safety of aircraft. These ADs often reflect international safety standards and are integral to ensuring the continuing airworthiness of aircraft registered in Australia. One such AD, AD/F100/24 - Stubwing Upper Skin, applied to specific Fokker F28 aeroplanes. However, this AD was repealed under the authority granted by the Acts Interpretation Act 1901, as its requirements have been superseded by a European Union Aviation Safety Agency AD. The repeal of AD/F100/24 was made without public consultation as it was deemed unnecessary and inappropriate under the circumstances, and no Regulation Impact Statement was required. This legislative action ensures that Australian aviation safety regulations remain current and aligned with international standards.

Scope and Application

The Civil Aviation Safety Regulations 1998, amended by CASA ADCX 001/23, primarily concern the airworthiness of aircraft registered in Australia, including those designed and manufactured overseas. This legislative instrument applies to entities involved in the operation, maintenance, and oversight of such aircraft, particularly those that fall under the purview of the Civil Aviation Safety Authority (CASA). The repeal of Airworthiness Directive AD/F100/24 affects Fokker F28 Mk.0070 and Mk. 0100 series aeroplanes, mandating compliance with the newer European Union Aviation Safety Agency (EASA) AD 2023-0005-CN, which supersedes it. The repeal is jurisdictional within Australia, as it falls under the authority of CASA, and is aligned with international civil aviation standards to ensure uniformity in safety practices. The instrument does not contain exclusions or exemptions but requires adherence to the new AD issued by EASA, reflecting the dynamic nature of aviation safety regulations in response to updated technical and safety requirements. The repeal process is direct, reflecting the principle that ADs must be current and effective, and any consultation was deemed unnecessary due to the cancellation of the directive by a foreign authority.

Key Provisions

The key operative sections of this legislation pertain to the repeal of Airworthiness Directive AD/F100/24 - Stubwing Upper Skin (F2023L00045). This repeal is due to the fact that the requirements of AD/F100/24 have been superseded by European Union Aviation Safety Agency (EASA) AD 2023-0005-CN, which was issued on 9 January 2023 and became effective on the same date (sections 1–4). The Civil Aviation Safety Authority (CASA) has the authority to make regulations for the purpose of implementing the Convention on International Civil Aviation, including aspects related to safety (section 98 of the Civil Aviation Act 1988). CASA is also empowered to issue airworthiness directives for specific types of aircraft or aeronautical products (regulation 39.001 of the Civil Aviation Safety Regulations 1998). The repealing instrument has been made by a delegate of CASA under the authority delegated by subregulation 11.260(1) of CASR and subsection 94(1) of the Act, and it commenced on 27 January 2023 (sections 11, 12). This legislation imposes certain obligations and requirements on the parties or entities it governs. Specifically, it mandates that CASA must ensure compliance with international aviation safety standards by repealing or modifying airworthiness directives as necessary. This involves CASA monitoring and evaluating the requirements set by other international regulatory bodies, such as EASA, and taking appropriate actions to align Australian regulations with international standards (sections 1–4). The State of Registry of an individual aircraft is responsible for its continuing airworthiness and must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which includes adhering to applicable airworthiness directives (Annex 8 of the Convention on International Civil Aviation). The legislation does not explicitly outline specific offences, penalties, or consequences for breach. However, non-compliance with airworthiness directives can lead to significant safety risks and potential regulatory actions. The overarching framework under which CASA operates includes the potential for enforcement actions, fines, and other penalties for non-compliance with civil aviation safety regulations (regulation 39.001A of the Civil Aviation Safety Regulations 1998). The repealed directive, AD/F100/24, would have required adherence from operators and maintainers of specified Fokker F28 Mk.0070 and Mk. 0100 series aeroplanes, and failure to comply with such directives could result in severe penalties under Australian aviation law. The new directive, EASA AD 2023-0005-CN, would now apply, and any failure to comply with this directive could also result in regulatory action under Australian law. The legislation further explains that no public consultation was necessary because the directive being repealed has already been superseded by a new directive from EASA, which is effective from 9 January 2023. CASA considers it unnecessary and inappropriate to undertake any consultation under section 17 of the Legislation Act 2003 because the new directive must be complied with from its effective date (section 5). Additionally, the instrument is exempt from the sunsetting provisions of the Legislation Act 2003, but it will still be repealed in accordance with section 48A of the same Act before the sunsetting provisions would have applied (sections 11, 12). Finally, a Statement of Compatibility with Human Rights has been prepared, indicating that the legislative instrument is compatible with human rights as it does not engage any applicable rights or freedoms (Attachment 1).